Forum Services International Ltd & Anor v OOS International BV

Forum Services International Ltd & Anor v OOS International BV

Forum failed to establish that the Representation Agreement was rectified or varied to cover the vessels in question, or that there was a common intention to pay commission for those vessels; Forum's work was done in anticipation of a joint venture, not as agent under the Representation Agreement. Forum is entitled to payment for local services rendered, less the amount of an unpaid loan.

Parties
Claimant: Forum Services International Limited; Claimant: Forum Macaé Serviços de Petroleo EIRELI; Defendant: OOS International BV
Jurisdiction
England and Wales
Judgment Date
31 January 2020
Procedural Posture
Commercial Claim / Judgment After Trial
Outcome
Claim for commission dismissed; claim for local services allowed in part.
Legal Topics
Agency, Commission Agreements, Joint Ventures, Unjust Enrichment, Restitution, Rectification, Variation of Contract
Contract Law Commercial Law Agency Commission Agreements Joint Ventures Unjust Enrichment Restitution Rectification +1 more

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Parties

Forum Services International Limited

Claimant

Forum Macaé Serviços de Petroleo EIRELI

Claimant

OOS International BV

Defendant

Procedural Posture

Commercial Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the Representation Agreement entitled Forum to commission for the Petrobras contracts involving 'ex-SEDCO 700' and 'DP3 SSCV' vessels
  2. 2 Whether the Representation Agreement should be rectified or was varied by conduct to cover additional vessels
  3. 3 Whether Forum is entitled to payment in restitution for services rendered

Ratio Decidendi

Forum failed to establish that the Representation Agreement was rectified or varied to cover the vessels in question, or that there was a common intention to pay commission for those vessels; Forum's work was done in anticipation of a joint venture, not as agent under the Representation Agreement. Forum is entitled to payment for local services rendered, less the amount of an unpaid loan.

Court Disposition

Claim for commission dismissed; claim for local services allowed in part.

Orders

  • Forum's claim for commission is dismissed.
  • Forum is entitled to payment for local services in the amount of US$50,000, less the unpaid loan.